Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1960
Status
Published
On the bench
Will Wilson
Cited by
0 cases
Authority
More cited than 3.5%

The opinion

THEA'FI'ORNEY GENERAI.

OF TEXAS

BVILL WILSON

A1TGRNEY GENERAL

November 29, 1960

Mr. Richard E. Rudeloff Opinion No. w-966

County Attorney

Bee County Re: Whether a vacancy on the

Beeville, Texas Board of Trustees of the

Skidmore-Tynan Rural High

School District should be

filled in accordance with

the provisions of Article

2922e, Vernon's Civil

Statutes, or the provisions

of Article 2774a, Vernon's

Dear Mr. Rudeloff: Civil Statutes?

By letter you recently requested the opinion of this

office on the following question:

"Is a vacancy on the Board of Trustees

of the Skidmore-Tynan Rural High School Dis-

trict No. 36 to be filled in accordance with

the provisions of Article 2922e, Texas Revis-

ed Civil Statutes (I.e., by the county board

of trustees), or by provisions of Article

2774a, Sec. 4, Texas Revised Civil Statutes

(i.e., by the remaining members of the school

board of trustees)?"

In your letter you pointed out that the Skidmore-Tynan

Rural High School District NO. 36 was formed in 1946 by the

consolidation of Skidmore Rural High School and an adjoin-

ing Independent School District under the authority of Arti-

cle 2922a, Vernon's Texas Civil Statutes, and that such

school district is now, and has been since said consolidation,

operating under the statutes applicable to rural high school

districts. You further adivsed that a vacancy has occurred

on the Board of Trustees of such rural school district.

The opinion, expressed in your letter, that the remaining

members of the Board of Trustees of the rural school district

in question should fill such vacancy Is correct.

Mr. Richard E. Rudeloff, Page 2 (W-966)

Section 4 of Article 277&a, Vernon's Texas Civil Stat-

utes, reads In part as follows:

"The control and management of the

schools of a rural high school district,

established under the provisions of this

Act, shall be vested in a board of seven

trustees, elected by the qualified voters

of the said district at large, who shall

be elected and serve in accordance with

the provisions of general law relative to

common school districts except as may be

otherwise provided herein; . . . Those

elected at the first election shall deter-

mine by lot the term for which theyare to

serve. . . .; and regularly thereafter on

the first Saturday In April of each year

three trustees or two trustees shall be

elected for a term of three years to suc-

ceed the trustees whose term shall at that

time expire. The members of the board re-

maining after a vacancy shall fill th

same for the unexpired term." (EmphaEis

added)

Article 2922e, Vernon's Texas Civil Statutes, reads in

part as follows:

"The control and management of the

schools of a rural high school district,

established under the provisions of this

Act, shall be vested In a board of seven

trustees, elected by the qualified voters

of the said district at large, who shall

be elected and serve in abcordance with

the provisions of General Law relative to

common school districts, except as may be

otherwise provided herein; . . . An vacan-

y shall be filled for the unexplre

-.iixis

Ey appointment by the county board of

trustees. . . ." (Emphasis added)

It is apparent that the quoted provisions of said

statutes deal with the same subject matter, and it Is equally

apparent that the underlined provisions are in Irreconcilable

conflict. Article 2922e of Vernon's Civil Statutes which dir-

ects the county school board to fill the vacancy in question,

. -

Mr. Richard E. Rudeloff, Page 3 (w-966)

became law in 1925. Section 4 of Article 277&a which directs

the remaining members of the Board of Trustees of the rural

school district to fill such vacancy, became law in 1930. In

Whittenberg v. Craven, 258 S.W. 152 (Corn.App., 1924), the

Court stated:

11

. . . In the construction of a parti-

cular statute or In the interpretation of

its provisions, all acts relating to the

same subject, or having the same general pur-

pose, should be read In connection with it,

as together constituting one law. Such

statutes, being In pari materia, and relating

to the same subject, are to be taken together

and so construed, in reference to each other,

as that, if practicable, effect may be given

to the entire provisions of each. The object

of the rule is to ascertain and carry into

effect the Intention of the Legfslature, and

it proceeds upon the supposition that the

several statutes relating to one subject were

governed by one spirit and policy, and were

Intended to be consistent and harmonious In

their several parts and provisions. If they

cannot be construed so as to be consistent and

harmonious in their several parts and provisions,

then either the hypothesis that they relate to

the same subject must be abandoned or else the

later statute, in sr~far as it cannot be

reconciled and made consistent and harmonious

with the earlier, will be construed as repealing

those provisions of the earlier statute between

which and the provisions of the later statute

irreconcilable repugnancy exists. . . .ll

As Indicated In your letter, the subject question was

previously discussed in Attorney General's Opinion O-2230,

dated April 20, 1940, wherein the opinion was expressed that

the provision in question contained in Section 4 of Article

277&a by necessary implication repealed the provision in

question contained in Article 2922e. In view of the fore-

going, it is our opinion that the provision of Section 4 of

Article 2774a relative to the appointment of a successor

trustee repealed by necessary implication the provision of

Article 2922e relative to such appointment. Section 4 of

2774a represents the last expression of the intention of the

Legislature and must prevail over said provision in Article

2922e since both provisions cannot stand.

Mr. Richard E. Rudeloff, Page 4 (W-966)

SUMMARY

The remaining members of the Board of

Trustees of the Skidmore-Tynan Rural High

School District, and not the county school

board, should make the appointment to fill

the vacancy created by the death of a

trustee of such rural school district.

Yours very truly,

WILL WILSON

Attorney General of Texas

Joe B. McMaster

Assistant

JBM:mm

APPROVED:

OPINION COMMITTEE

W. V. Geppert, Chairman

Glenn R. Brown

Joe R. Carroll

W. Ray Scruggs

Iola B.'Wllcox

REVIEWED FOR THE ATTORNEY GENERAL

BY: Leonard Passmore

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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